PLEASE NOTE: WE’RE UPDATING THE TERMS FOUND BELOW. THE UPDATED TERMS WILL BE EFFECTIVE ON JULY 1, 2021 AND CAN BE FOUND HERE. YOUR USE OF THE BUSINESS SERVICES STARTING ON JULY 1, 2021 WILL BE SUBJECT TO THOSE UPDATED TERMS.

ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE BUSINESS SERVICES TERMS. IF YOU ARE CONTRACTING WITH SNAP INC., THEN YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Snap Camera Kit Terms (“Terms”) form a legally binding contract between you and Snap, govern the use of the Business Services for Camera Kit, and are incorporated into the Snap Developer Terms. Some terms used in these Terms are defined in the Snap Developer Terms or Business Services Terms.

“Camera Kit” means the developer products and services made available by Snap that enables you to make Lenses available to your users in the Application.

“Creative Kit” means the developer products and services made available by Snap that enables you to allow users of the Application to share Materials from the Application to Snapchat.

“Lens(es)” mean the AR experiences output from Lens Studio or other means provided or made available by Snap.

“Lens Studio” means Snap’s development environment, and any software and tools marked in an accompanying file as being subject to the Lens Studio License Agreement, and certain documentation relating to the software, including video tutorials and other information made available to users on the Snap website, apps, or by any other means. The use of Lens Studio is governed by the Lens Studio License Agreement. If there is a conflict or inconsistency between these Terms and the Lens Studio License Agreement, these Terms will govern.

“Snap Camera” means the developer products and services made available by Snap that enables you to make Lenses available to users via Snap’s Windows or MacOS PC application.

“Snapcode” means a scannable code Snap or its affiliates provide to you that users can scan to access Materials you designate via the Business Services.

a. All Lenses for Camera Kit must be developed using Lens Studio or any other means provided by Snap to create Lenses.

b. You, not Snap, are responsible for all Materials submitted by you or on your behalf, and for all Lenses made available in the Application or via the Services, and will ensure that all Materials, and all Lenses made available in the Application or via the Services, comply with the Lens Studio Submission Guidelines, Community Guidelines, and all technical requirements Snap makes available, and are appropriate for people ages 13+. You acknowledge and agree that Snap and its affiliates own all rights in the Lenses (excluding Materials you provide that are incorporated into the Lens), the Lens product (including Lens Studio and the related software), and any other creative tools Snap may make available to you to create the Materials (such as templates or Bitmoji).

c. Unless Snap provides its prior written consent, you will not, and will not permit any other party to, monetize Lenses made available in the Application, including by selling sponsored Lenses to be placed in the Application.

d. You are responsible for including any legally-required disclosure in the Materials and in any Lens made available in the Application. Snap may in its sole discretion apply a label or disclosure to notify users that a Lens is attributable to you, and include in that label or disclosure your name as provided via the Business Services.

e. You will not integrate any tracking technology into a Lens, such as cookies, pixels, javascript, images, beacons, code, identifiers, or tags.

f. Snap may provide you a Snapcode and your use of each Snapcode must comply with the Brand Guidelines and Snapcode Usage Guidelines. Snap may, in its sole discretion and for any reason at any time deactivate or redirect a Snapcode.

g. You may only make Lenses available to users in the Services (including, for purposes of clarity, Snap Camera) and in the Application via Camera Kit. If the Application includes functionality that allows users of the Application to share content from the Application to other platforms, you must integrate Creative Kit to allow for sharing of content featuring Lenses and other Materials from the Application to Snapchat and list Snapchat as one of the first several available options for sharing outside of the Application.

h. You will use commercially reasonable efforts to make the majority of Lenses created by or for you for the Application available to users via Snapchat with the exception of Lenses that require functionality or data from the Application not accessible or otherwise replicable in Snapchat or sponsored Lenses approved by Snap for placement only in the Application.

i. To the extent permitted by Applicable Law, Snap does not guarantee perfect delivery, or the performance of Lenses or the Services. Snap runs systems that attempt to detect fraudulent activity, but Snap is not responsible for such fraudulent activity or any technological issues that may affect the performance of the Lenses.

j. Snap and its affiliates reserve the right in their discretion to block Lenses without notice and may reject or remove any Lens for any reason at any time.

k. You acknowledge and agree that users may be able to save, share, and view Snaps and other content incorporating Materials during and beyond the Lens’s run time. You acknowledge that users may use Materials for purposes or in ways other than you anticipated. You agree that such use constitutes user-generated content for which neither Snap nor its affiliates bear any responsibility. You agree that neither Snap nor its affiliates are liable for any claims or losses based on or arising from any user-generated content, including user-generated content that makes use of the Materials, whether on the Services, in the Application, or beyond.

l. Snap and its affiliates may use Lenses and Snapcodes for advertising, marketing, and promotional purposes once the Lenses have run.

m. Snap will make reporting related to Lenses and Camera Kit available to you via the Business Services.

n. You will delete, and ensure that the Application and any related systems delete, all metadata and Lens binaries, including all caches and copies of that data, when you no longer have a legitimate business need to retain the data or 30 days from receipt, whichever occurs first.

You and Snap are independent controllers of any Personal Data that Snap has access to or otherwise receives from you relating to the integration of Camera Kit in the Application (“Camera Kit Data”). You and Snap separately, individually, and independently decide how to use and process Camera Kit Data for your and Snap’s own purposes.

In addition to your representations and warranties under the Snap Developer Terms, you represent and warrant that: (a) neither you and nor anyone acting on your behalf will collect any Personal Data via Camera Kit about any user relating to their use of the Services except solely to comply with Applicable Law or as otherwise permitted under these Terms (for the avoidance of doubt, the foregoing does not apply to any Personal Data you independently collect via the Application); (b) you will comply with Applicable Law, applicable self-regulatory standards and guidelines, and Apple App Store Review Guidelines, and Google Play policies and guidelines (collectively, “Rules”) in your performance under these Terms; (c) you will not, and will not authorize or encourage any third party to, take any actions with respect to the Snap Developer Program through any automated, deceptive, fraudulent, artificial, or otherwise invalid means; (d) you and anyone acting on your behalf will maintain a privacy policy in accordance with the Rules, which is and will remain easily accessible and conspicuously linked to and from the applicable home page and other relevant pages of the applicable websites, including within the Application; (e) the Materials and the Application will not infringe on the rights, including intellectual property rights, of a third party, or contain material that is libelous, defamatory, pornographic, hate-related, excessively violent, or that violates or encourages conduct that would violate any laws, rules, or regulations; (f) you have paid, and will pay, all amounts that are or become payable to any unions, guilds (including residuals and reuse fees), suppliers, musicians, composers (including sync license fees), public performance societies (e.g., ASCAP, BMI, SACEM, and SESAC), actors, employees, independent contractors, service providers, and any other rights-holders in connection with the distribution of Materials and the Application pursuant to these Terms; (g) there are no actions, claims, demands, lawsuits, liens, encumbrances, or other proceedings pending, outstanding or threatened that may adversely interfere with or prejudice the rights you grant to Snap in these Terms; (h) Camera Kit Data will not contain any sensitive information or special category data, as defined in the Rules, including any information that is based on or includes: (i) an alleged or actual commission of a crime; (ii) health information; (iii) information about individuals you have actual knowledge are under the age of 13 (or, if greater than the age of 13, the minimum age at which the Processing of Personal Data of a Data Subject is lawful under Applicable Law); (iv) information about individuals collected from an online service directed to children; or (v) information about users’ financial status, racial or ethnic origin, religious beliefs or preferences, sex life or sexual preferences, or trade union membership; (i) you have secured, and will maintain, all necessary rights, licenses, and consents required to send the Camera Kit Data and for the Camera Kit Data to be used in accordance with these Terms, including from all Data Subjects whose data is included in Camera Kit Data; (j) you will provide sufficient notice to each Data Subject in compliance with the Rules that the Data Subject’s information collected by you or your agents may be shared with and used by third parties for the purposes specified under these Terms, including, at a minimum: (i) a clear and prominent link inside your apps’ settings or your privacy policy, and from within any store or website where your apps are distributed, that explains that third parties, including Snap and its affiliates, may collect or receive information from your apps and other apps, and may use that information as permitted in these Terms; and (ii) if applicable, a clear and prominent notice about how and where users can opt out of the use of Camera Kit Data for ad targeting; (k) in jurisdictions that require informed consent for storing and accessing cookies or other information of a Data Subject (including the European Union), you must ensure, in a verifiable manner, that each Data Subject provides you with the necessary consent before you use Camera Kit in connection with that Data Subject; and (l) you will promptly notify Snap of any actual or threatened complaint relating to Camera Kit Data and you will reasonably cooperate with Snap, at your expense, in responding or defending against any such complaint.

You must not make any public statement regarding these Terms or the relationship contemplated by these Terms without Snap’s prior review and prior written approval in each instance, but you will include Snap branding within the Application in the form as required under the Snap Kit Docs or as agreed to by you and Snap. Any public statement approved by Snap must comply with Snap’s marketing, branding, and attribution requirements, including the Snap Brand Guidelines.

In addition to either party’s rights and obligations under the Business Services Terms, you and Snap may each terminate these Terms immediately: (a) if the other party fails to correct a material breach of these Terms within 15 days after receipt of written notice of the material breach from the other party; or (b) upon written notice to the other party following: (i) the institution by or against the other party of insolvency, receivership, or bankruptcy proceedings or any other proceedings for the settlement of the other party’s debts; (ii) the other party making an assignment for the benefit of creditors; or (iii) the other party’s dissolution. Snap may also terminate these Terms without cause upon notice to you. Upon termination, you will immediately cease use of Camera Kit, stop making Lenses available in the Application, remove all Snap branding from the Application, and delete all metadata and Lens binaries from your systems.

These Terms set forth the entire understanding and agreement between you and Snap with respect to Camera Kit, and supersede all other agreements between you and Snap regarding Camera Kit. These Terms, any communication to you related to these Terms, and the Snap Developer Program, including any Snap Data, are Snap Confidential Information.